Tax issues arise for any company. Even if the accounts are kept correctly, a dispute with the tax authorities may still arise. This is usually due to differing interpretations of the law. In such situations, a tax litigation lawyer is needed to manage risks and resolve issues quickly before they become critical.
Disputes with the tax authorities: typical situations
Disputes with the tax authorities most often arise in the following cases:
- additional tax assessments following an audit;
- blocking of tax invoices;
- penalties for alleged reporting violations;
- requests from the tax authorities for documents;
- appeals against audit findings.
The problem is that an accountant cannot always correctly assess the legal aspects of a situation. This is where a tax lawyer is needed, one who specialises specifically in tax procedures, not just accounting.
The tax lawyer and the logic of business defence
A tax lawyer’s work does not begin in court. It begins with an analysis of the documents and decisions of the regulatory authority. Typically, the process looks like this:
- review of the tax assessment notice;
- analysis of the grounds for additional charges;
- risk assessment;
- preparation of objections;
- preparation of a dispute strategy.
If you act immediately, you can avoid court proceedings. But if the conflict has already escalated, the procedure for appealing tax decisions is initiated.
Appealing tax decisions: what you need to know
Appeals against tax decisions can be made in two ways:
- administratively (through the tax authority);
- in court.
The choice depends on the situation. Sometimes a properly drafted complaint is sufficient. Sometimes, court proceedings are unavoidable. Another important factor is time limits. In tax disputes, these are short. A delay of just a few days can block the possibility of a defence.
Tax disputes – a reality for business
Ukraine’s tax legislation changes frequently. This creates additional risks for companies. Businesses usually choose one of two courses of action:
- agree with the tax authority’s decision;
- or enter into a dispute with the tax authority and defend their position.
The second option is more complex, but is usually economically justified.
Svarog’s tax dispute lawyer
Svarog deals with tax situations in practice. Here, it is important not just to know the law, but to understand how it is applied by the tax authorities during audits and in court. When our tax dispute lawyer gets involved, the first task is to stop the problem from escalating. Next, we build a defence strategy.
Svarog’s tax lawyer works in stages:
- analysis of tax assessments and decisions;
- verification of the grounds for assessments;
- preparation of objections;
- support during audits;
- preparation of appeals;
- representation in court.
A separate aspect is prevention. Usually, a problem can be prevented even before an audit if the risks are correctly assessed.
Disputes with the tax authorities supported by Svarog lawyers
In this context, speed of response is crucial. Delays with documents or replies often work against the business. The strategy usually includes:
- establishing the company’s position;
- gathering source documents;
- preparing legal arguments;
- communicating with the tax authorities;
- proceeding to an appeal, if necessary.
In complex cases, a litigation strategy is formulated immediately, without an administrative stage.
When is it necessary to appeal tax decisions?
The procedure for appealing tax decisions is initiated if:
- the charges appear to be unfounded;
- the tax authorities have not taken documents into account;
- there are violations of the audit procedure;
- the penalties do not correspond to the actual facts.
Benefits of contacting Svarog’s lawyers
Clients choose our firm for the following benefits:
- rapid response to the issue;
- experience in dealing with tax authorities;
- comprehensive case management;
- support from consultation through to court proceedings;
- results-oriented approach.
In tax disputes, it is important not only to win the case but also to minimise financial losses. Do you have questions regarding audits, fines or tax authority decisions? Don’t wait. A tax dispute lawyer will help you assess the situation and build a defence.
Questions and answers
When do you need a tax dispute lawyer?
When there is an audit, a fine, an additional tax assessment or a disputed decision by the tax authorities.
How do you appeal a tax notice-decision?
Through an administrative complaint or in court. It is important to meet the deadlines and properly prepare the evidence.
What should you do after a tax audit?
Analyse the audit report, prepare a response and assess the risks together with a lawyer.
How can you defend yourself in a dispute with the tax authorities?
Gather documents, formulate a legal position and act within the appeal procedure.
What documents are required for a tax dispute?
Contracts, reports, invoices, source accounting records, and correspondence with the tax authorities.
How much does a tax lawyer cost?
The cost depends on the complexity of the case, the volume of documents and the stage of the dispute.